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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Lata w/o Narendra CanserVsVivekanand CHS Ltd.

CNR MHCC0100691720192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 15th January 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102008/2019
Registration Date
12 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 38
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 22-07-2019
    Business: By Precipe.
    Adv. Narvekar for Plaintiff present.
    Draft NM filed by Adv for Plaintiff t.o.r.
    Leave is granted to register it.
    Copy of NM be served upon defendant through Bailiff.
    Already adj to 02.08.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Neha Pandey for Plaintiff present.
    Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff tendered original NM No.2798/19 t.o.r.
    Despite service of notice upon defendant, none appeared on behalf of defendant.
    So, matter is adj for NM hearing to 17.09.2019.
    L.O. at 2.55pm.
    Ex.2 Adv. Chako Joseph filed V/n on behalf of defendant t.o.r.
    Adv for defendant requested to grant permission to file reply.
    Ld.Adv for Plaintiff submitted that she leave it to Court to decide about the same.
    In the interest of justice and fair trial, time is granted to defendant to file reply.
    Adj for NM reply 17.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Firoza Shaikh for plaintiff present.
    Plaintiff present.
    Adv. Chako Joseph for defendant present.
    He filed reply to NM.t.o.r. Copy of reply given to the plaintiff . Matter is adj. for rejoinder on 11.10.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: As P.O. is proceeded to Nashik to attend Regional Conference,
    board discharge and adjd. to 13.11.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. Tripathi for defendant present.
    Rejoinder filed by plaintiff to reply of defendant.
    Copy is given to other side.
    Adjourned for NM hearing to 04.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Shivastava for plaintiff present.
    Adv. Chako Joseph for defendant present.
    Adjourned to 8.01.2020 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Shivastava for plaintiff present.
    Adv. Tripathi for defendant present.
    Adv. for plaintiff sought adjournment  Granted as last chance.
    Adv. for defendant file draft NM. t.o.r.
    O Leave granted to register it.
    Copy is given to other side.
    Adjourned for reply to 5.02.2020
    Next Purpose: REPLY
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv Shrivastav h/f Adv Sarogi for plff present.
    Adv Neha Sonawane for deft present.
    She tendered original NM 405/2020. t.o.r.
    Plff filed reply to NM 405/20.
    Matter stands Adj for NM hearing to 26/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Plff present.
    Adv Shrivastav for plff present.
    He filed written submission on NM 2798/2019. t.o.r.  Copy be served to Adv for deft.
    Matter stands Adj for NM hearing to 13/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Plff present.
    Adv Neha Pande for plff present.
    Adv R. S. Tripathi for deft present.
    On last date, Adv for deft wrongly tendered NM 405/2020 in SC SU 2973/2019.  Plff has filed to reply to NM 405/2020. NM along-with reply be returned to Adv for deft.
    Matter stands Adj for NM hearing to 28/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv Neha Pande for plff present.
    Adv Chacos for deft present.
    Matter stands Adj for NM Hearing to 26/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Plaintiff present
    Adv Narvekar for plaintiff present.
    Adv Chako Josef for deft. present.
    Adv for plaintiff seeks time for hearing. Granted.
    Matter stands Adj to 09/04/2021 for Hearing on NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 26-02-2021
    Business: Plaintiff present
    Adv Narvekar for plaintiff present.
    Adv Chako Josef for deft. present.
    Adv for plaintiff seeks time for hearing. Granted.
    Matter stands Adj to 09/04/2021 for Hearing on NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv Narvekar for plff present.
    Adv Chako Joseph for deft present.
    Matter stands Adj for NM Hearing to 16/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19, matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv Narvekar for plff present.
    Adv Chako Joseph for deft present.
    He seeks time to file short affidavit in reply to say that NM become infructuous.  Granted.
    Matter stands Adj for Affidavit in reply to 12/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Advocate Ravindra Singh for plaintiff present.
    None present for defendants.
    Advocate for defendant failed to file short affidavit to show that notice of motion becomes infructuous. Hence,
    Matter stands Adj for NM hearing to 18.01.2022.
     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 12-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Both parties and their Adv absent.
    Matter stands Adj for NM Hearing to 10/03/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv Ravindra Singh for plff present.
    He seeks time for NM Hearing.  Granted.
    None for deft.
    Matter stands Adj for NM Hearing to 26/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Plff present.
    Adv Narvekar for plff present.
    None for deft.
    P. O. is busy in dictating Judgment in SU 2988/2004.
    Hence, matter stands Adj for NM Hearing to 13/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Chaudhary for plff present.
    None for deft.
    Adv. Chaudhary seeks time for NM hrg. granted.
    Adjd for NM hrg on 5.9.22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Narvekar for plaintiff present.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing of defendant as last chance to 01/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Karan Chaudhary for plaintiff present.
    None  for defendant present.
    Notes of argument are on record, hence matter is posted for order.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for order to 05/11/2022.
    Next Purpose: ORDER
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Ravindra Singh for plaintiff present.
    None for defendant present.
    FRSR following order passed :-
    Order -
    1) Notice of motion no. 2798/2019 is hereby allowed without costs.
    2) The defendant society is hereby restrained from causing obstruction in the lawful possession of plaintiff in respect of suit premises till the final decision of suit.
    Defendant failed to file WS, hence suit to proceed without WS of defendant.
    Matter is ajddj for R/E to 23/12/2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Adv. Narvekar for plaintiff present.
    None for defendant present. KB.
    L. O.
    Adv. Narvekar for plaintiff present.
    She filed evidence affidavit Exh 3 and along with list of document Exh 4. She is directed to serve copy on other side.
    Plaintiff present.
    Matter is adjourned for admission denial to 10/02/2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Adv. Narvekar h/f Sarogi  for plaintiff present.
    Plaintiff present.
    Plaintiff tendered original  document along with list Exh 4A. TOR.
    None for defendant present.
    Document at serial no. 1 is certified copy of court order.
    Document at serial no. 2 is original agreement dated 26/11/2018.
    Document at serial no. 3 is original share certificate.
    Document at serial no.  4 is copy of bill dated 09/12/2022.
    Document at serial no. 5 to 7 and 9 is correspondence between plaintiff and society. The contents of document at serial no. 1 to 7 and 9 are proved from the oral evidence of PW-1, hence document at serial no. 1 to 7 and 9 be marked at Exh 5 to 12.
    Matter adjourned for R/E to 08/03/2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: Adv. Narvekar h/f Saraogi for plaintiff present.
    None for defendant present. KB
    L. O.
    Adv. Narvekar h/f Saraogi for plaintiff present.
    She filed evidence closed pursis Exh 13. TOR.
    She also filed notes of argument. TOR.
    None for defendant present.
    Matter adjourned for argument of defendant to 05/04/2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Both parties and their advocate are absent.
    Matter adjourned for argument to 02/05/2023.
    L. O.
    Adv. Narvekar h/f Saroagi for plaintiff present.
    Already adjourned to 02/05/2023 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv. Narvekar h/f Sarogi   for plaintiff present. She seeks time for argument.Time granted.
    None  for defendant present.
    Matter adjourned for argument on 08.06.2023
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Adv. Mr.Karan Choudhari for plaintiff present.
    None for defendant.
    Matter adjourned for arguments on 27.06.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Ms. Pooja Narvekar for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for arguments on 14.07.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Advocate Mr. Ravindra Singh for plaintiff present.
    None for defendant present.
    Matter adjourned for arguments on 01.08.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Advocate Ms. Neha Pandey h.f. Advocate Saraogi for plaintiff present.
    Defendant and advocate absent.
    O- Last chance granted to defendant to argue the matter.  If defendant fails to argue on next fixed date, suit to proceed against defendant.
    Matter adjourned for arguments on 18.08.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: PO is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Advocate Ms. Narvekar h.f Advocate Mr. Ashok Saraogi for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for arguments on 03.10.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Advocate Ms. Sana Khan h.f Advocate Saraogi for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for arguments on 17.10.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: PO is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Advocate Ms. Narvekar for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for arguments on 21.12.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: Advocate Ms. Mahima Mishra h.f. Advocate Saraogi for plaintiff present.
    Court is busy in dictating order in CRI Bail Appln 3041/2023, hence board is discharged and matter is adjourned.
    Matter adjourned for arguments on 24.01.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Advocate Ms. Narvekar for plaintiff present and filed application to return the documents at Exhibit-7. Taken on record and marked as Exhibit-14. O- Allowed as prayed. Plaintiff is directed to place on record verified copy of Exhibit-7 and produce the document Exhibit-7 in the court as and when ordered.
    Defendant and advocate absent.
    Matter adjourned for arguments on 20.02.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: PO is on training, hence matter is adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Both parties and advocate absent.
    Later on at 11.45 a.m.
    Advocate Mr. Mishra h.f. Advocate Saroagi for plaintiff present.
    Matter adjd to 05.04.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: PO is on half day leave in first session, hence board is discharged and matter is adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Advocate Mr. Ravindra Singh h.f. Advocate Saraogi for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for arguments on 10.06.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Advocate Ms. Devaki Shahu for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter is adjourned for arguments on 21.06.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Advocate Ravindra Singh h.f. Saraogi for plaintiff present and tendered written submission.
    Defendant and advocate absent.
    Matter is adjourned for arguments on 29.06.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: Advocate Mr. Ravindra Singh for plaintiff present.
    Kept back
    Later on at 12.45 P.M.
    Partly heard argument of advocate for plantiff.
    Defendant and advocate absent.
    Matter is adjourned for further arguments on 23.07.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Advocate Ravindra Singh for plaintiff present.
    Matter is adjourned for Ex-parte arguments on 09.09.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Advocate Ms. Narvekar for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for argument on 10.10.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: Advocate Ms. Pooja Narvekar h.f. Saraogi for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for arguments on 23.10.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Both parties and advocate absent.
    Matter is adjourned for arguments on 18.12.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Plaintiff present.
    Advocate Ms. Pooja Narvekar for plaintiff present.
    Court is busy in hearing argument in Suit no. 7421/1980 and 7067/2006, hence adjourned.
    Matter is adjourned for arguments on 15.01.2025.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: Plaintiff present.
    Advocate Neha Pandey for plaintiff present.
    Defendant and advocate absent.
    Heard arguments.
    Exhibit-15 Judgment is dictated and pronounced in the open Court.
    ORDER
    1.Suit No.2008 of 2019 is decreed with costs.
    2. Defendants society is hereby perpetually restrained from obstructing plaintiff\''s peaceful possession over the suit property and restraining the plaintiff or any other person on behalf of him from running business in the suit property.
    3. Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 15-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107410/2019
    Filing Date: 06-07-2019
    First Hearing Date: 22nd July 2019
    Decision Date: 15th January 2025
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jan 2025

    Order Details: Ex-parte Judgement Pdf Text: CNR NO. MHCC01-006917-2019 Exh.15 Lodged on : 06.07.2019 Registered on : 12.07.2019 Decided on : 15.01.2025 Duration : 05Y 06M 09D IN THE CITY CIVIL COURT FOR GREATER MUMBAI SUIT NO.2008 OF 2019 Mrs. Lata W/o. Narendra Canser Age: 51 years, In respect of the premises being Shop no.2 Situated at Vivekanand CHS Ltd, T.H. Kataria Road, Mahim West, Mumbai 400 016. ...Plaintiff. Versus Vivekanand CHS Ltd., A society incorporated under the provision of…

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